Published: Thursday, February 20, 2014 at 11:15 p.m.

Last Modified: Thursday, February 20, 2014 at 11:15 p.m.

A hearing to determine whether a Chesnee man accused of killing a girl has the mental capacity to face execution entered its second day Thursday.

Dr. Ginger Calloway continued her testimony for the defense.

The forensic psychology expert thinks Ricky Lee Blackwell Sr., 55, has an intellectual disability that makes him ineligible for the death penalty if convicted of kidnapping and murder in the killing of 8-year-old Heather Brooke Center. Blackwell's trial is scheduled to start next month.

Two attorneys represent Blackwell – William McGuire with the S.C. Commission on Indigent Defense and Seventh Circuit Public Defender Clay Allen.

Calloway, using the American Association on Intellectual and Developmental Disabilities' criteria, testified that Blackwell has an intellectual disability based on evidence of "sub-average intellectual ability," an IQ score of 63, along with deficits in communication, self-direction and other areas of "adaptive functioning."

The defense must show Blackwell had the intellectual disability before age 18. Calloway said she examined Blackwell's school records and interviewed people who know him and said it appeared he had deficits and sub-average functioning before age 18.

Seventh Circuit Solicitor Barry Barnette is lead counsel for the prosecution. Deputy Solicitor Derrick Bulsa and Assistant Solicitor Russell Ghent are assisting Barnette in the case.

Ghent's cross examination of Calloway began Thursday morning and continued into the afternoon.

Ghent questioned the number of times Calloway had testified in Atkins hearings, which are used to determine if someone is eligible for the death penalty based on their intellectual capacity. It's unconstitutional to execute someone with an intellectual disability.

Calloway said she thought she had provided testimony eight to 12 times. She said she had never testified for the state in an Atkins matter, adding that the state has its own resources, and therefore rarely uses private practitioners.

Ghent said Calloway's first psychological report on Blackwell was not dated, but a revised report was dated. Calloway could not recall the exact date or why she did not include it in the first report.

Those weren't the only discrepancies that Ghent noted.

Ghent said Calloway did not provide materials related to her Atkins investigation of Blackwell, including her notes and test results, until Wednesday morning.

Calloway said she produced what she was asked to produce to another forensic psychologist.

She said the prosecution never asked her for the information, before Ghent told her the court had ordered that the prosecution receive all information by Nov. 21.

"You're not aware of that?" Ghent asked.

"I produced what I was asked to produce," Calloway said.

Ghent later handed Calloway a motion to enforce and said the order was noted in her supplemental report.

Ghent had Calloway read aloud: "Defendant's attorneys failed however to inform the court or the solicitor that records in their possession, and apparently reviewed by Dr. Calloway, show that in 1967 defendant scored 87 in testing, in 1970 he scored 75, in 1971 he scored 90, in 1973 he scored 96, in 1974 he scored 78, and in 1977 he scored 79, and that he was reading at almost a sixth grade level, was solving math problems at a sixth grade level and was computing math at a fifth grade level."

Ghent said the higher test scores were in the first psychological report.

"They don't exist," Calloway responded.

She said the IQ scores included in that first report were a clerical error. Calloway said she issued a supplemental report with corrected scores.

Ghent suggested the higher IQ scores were extrapolated after the prosecution filed a motion, but Calloway denied that.

"It's definitely an error. I definitely made it. I read something that wasn't there or I produced it out of thin air," Calloway said. "I'm not sure how it happened, but I definitely wanted to address that and I brought it to the attention of the attorneys right away. …I decided to issue a supplemental report to correct that."

Test scores from Blackwell's school records show he had an IQ of 68 at age 7 – his first year of school.

Ghent asked Calloway about Blackwell's home environment, including drug use in the family, including Blackwell, and if she thought that use could affect a person's mental abilities, including their IQ.

She said that was not relevant for a diagnosis of intellectual disability.

"He came from a very complex home environment where there were a lot of various problems," Calloway said.

Blackwell's IQ score in the third grade was 87. Ghent suggested that score was beyond the margin of error for intellectual disability. But Calloway was uncertain, saying there were several variables, including how the test was given, if Blackwell received help or copied someone else's test.

Ghent suggested that Blackwell's work history showed he was able to find and retain employment throughout adulthood. Records show he operated a forklift, textile machinery and had a commercial driver's license.

Ghent had Calloway read from a job application that Blackwell had completed for a truck driving position. Blackwell wrote in the application, according to testimony, that he had experience driving tractors, semi-trailers, including tanker trucks, and he had operated in several states, including Texas, Oklahoma, New York and New Jersey.

Ghent questioned a company putting a man with an intellectual disability behind the wheel of a tanker truck on the grounds of liability.

Ghent suggested records of hospitalizations after suicide attempts, an accident on a four-wheeler and admission for a surgical procedure did not reveal that Blackwell had difficulty communicating with medical staff.

Ghent questioned Blackwell's state at the time Calloway examined him because he was on an anti-psychotic drug with a side effect that caused mental confusion. Calloway said she didn't inquire about Blackwell's dosage with a doctor, but did express concerns to his attorneys.

Calloway testified that she did not review Blackwell's jail records, including possible disciplinary actions. She said she wouldn't consider jail records in an Atkins investigation.

Calloway testified she interviewed several people – including three family members – two of whom had IQ scores that reflect mild intellectual disability. Ghent questioned that, as well as drug use by some of her sources.

Calloway said her report reflects what the data says. She said she used scientific standards to collect data that resulted in her findings.

Dr. Gordon Brown took the witness stand on behalf of the prosecution Thursday afternoon.

Brown, an expert in clinical forensic psychology formerly employed by the S.C. Department of Disabilities and Special Needs, testified he had been involved in seven Atkins hearings and evaluated Blackwell on two occasions for a total of six hours.

Brown will continue his testimony when the hearing resumes at 9 a.m. today.

<p>A hearing to determine whether a Chesnee man accused of killing a girl has the mental capacity to face execution entered its second day Thursday.</p><p>Dr. Ginger Calloway continued her testimony for the defense.</p><p>The forensic psychology expert thinks Ricky Lee Blackwell Sr., 55, has an intellectual disability that makes him ineligible for the death penalty if convicted of kidnapping and murder in the killing of 8-year-old Heather Brooke Center. Blackwell's trial is scheduled to start next month.</p><p>Two attorneys represent Blackwell – William McGuire with the S.C. Commission on Indigent Defense and Seventh Circuit Public Defender Clay Allen.</p><p>Calloway, using the American Association on Intellectual and Developmental Disabilities' criteria, testified that Blackwell has an intellectual disability based on evidence of "sub-average intellectual ability," an IQ score of 63, along with deficits in communication, self-direction and other areas of "adaptive functioning." </p><p>The defense must show Blackwell had the intellectual disability before age 18. Calloway said she examined Blackwell's school records and interviewed people who know him and said it appeared he had deficits and sub-average functioning before age 18.</p><p>Seventh Circuit Solicitor Barry Barnette is lead counsel for the prosecution. Deputy Solicitor Derrick Bulsa and Assistant Solicitor Russell Ghent are assisting Barnette in the case.</p><p>Ghent's cross examination of Calloway began Thursday morning and continued into the afternoon. </p><p>Ghent questioned the number of times Calloway had testified in Atkins hearings, which are used to determine if someone is eligible for the death penalty based on their intellectual capacity. It's unconstitutional to execute someone with an intellectual disability.</p><p>Calloway said she thought she had provided testimony eight to 12 times. She said she had never testified for the state in an Atkins matter, adding that the state has its own resources, and therefore rarely uses private practitioners.</p><p>Ghent said Calloway's first psychological report on Blackwell was not dated, but a revised report was dated. Calloway could not recall the exact date or why she did not include it in the first report. </p><p>Those weren't the only discrepancies that Ghent noted.</p><p>Ghent said Calloway did not provide materials related to her Atkins investigation of Blackwell, including her notes and test results, until Wednesday morning.</p><p>Calloway said she produced what she was asked to produce to another forensic psychologist.</p><p>She said the prosecution never asked her for the information, before Ghent told her the court had ordered that the prosecution receive all information by Nov. 21.</p><p>"You're not aware of that?" Ghent asked.</p><p>"I produced what I was asked to produce," Calloway said.</p><p>Ghent later handed Calloway a motion to enforce and said the order was noted in her supplemental report.</p><p>Ghent had Calloway read aloud: "Defendant's attorneys failed however to inform the court or the solicitor that records in their possession, and apparently reviewed by Dr. Calloway, show that in 1967 defendant scored 87 in testing, in 1970 he scored 75, in 1971 he scored 90, in 1973 he scored 96, in 1974 he scored 78, and in 1977 he scored 79, and that he was reading at almost a sixth grade level, was solving math problems at a sixth grade level and was computing math at a fifth grade level."</p><p>Ghent said the higher test scores were in the first psychological report.</p><p>"They don't exist," Calloway responded. </p><p>She said the IQ scores included in that first report were a clerical error. Calloway said she issued a supplemental report with corrected scores.</p><p>Ghent suggested the higher IQ scores were extrapolated after the prosecution filed a motion, but Calloway denied that.</p><p>"It's definitely an error. I definitely made it. I read something that wasn't there or I produced it out of thin air," Calloway said. "I'm not sure how it happened, but I definitely wanted to address that and I brought it to the attention of the attorneys right away. …I decided to issue a supplemental report to correct that."</p><p>Test scores from Blackwell's school records show he had an IQ of 68 at age 7 – his first year of school.</p><p>Ghent asked Calloway about Blackwell's home environment, including drug use in the family, including Blackwell, and if she thought that use could affect a person's mental abilities, including their IQ.</p><p>She said that was not relevant for a diagnosis of intellectual disability. </p><p>"He came from a very complex home environment where there were a lot of various problems," Calloway said.</p><p>Blackwell's IQ score in the third grade was 87. Ghent suggested that score was beyond the margin of error for intellectual disability. But Calloway was uncertain, saying there were several variables, including how the test was given, if Blackwell received help or copied someone else's test.</p><p>Ghent suggested that Blackwell's work history showed he was able to find and retain employment throughout adulthood. Records show he operated a forklift, textile machinery and had a commercial driver's license.</p><p>Ghent had Calloway read from a job application that Blackwell had completed for a truck driving position. Blackwell wrote in the application, according to testimony, that he had experience driving tractors, semi-trailers, including tanker trucks, and he had operated in several states, including Texas, Oklahoma, New York and New Jersey.</p><p>Ghent questioned a company putting a man with an intellectual disability behind the wheel of a tanker truck on the grounds of liability.</p><p>Ghent suggested records of hospitalizations after suicide attempts, an accident on a four-wheeler and admission for a surgical procedure did not reveal that Blackwell had difficulty communicating with medical staff.</p><p>Ghent questioned Blackwell's state at the time Calloway examined him because he was on an anti-psychotic drug with a side effect that caused mental confusion. Calloway said she didn't inquire about Blackwell's dosage with a doctor, but did express concerns to his attorneys.</p><p>Calloway testified that she did not review Blackwell's jail records, including possible disciplinary actions. She said she wouldn't consider jail records in an Atkins investigation. </p><p>Calloway testified she interviewed several people – including three family members – two of whom had IQ scores that reflect mild intellectual disability. Ghent questioned that, as well as drug use by some of her sources.</p><p>Calloway said her report reflects what the data says. She said she used scientific standards to collect data that resulted in her findings.</p><p>Dr. Gordon Brown took the witness stand on behalf of the prosecution Thursday afternoon.</p><p>Brown, an expert in clinical forensic psychology formerly employed by the S.C. Department of Disabilities and Special Needs, testified he had been involved in seven Atkins hearings and evaluated Blackwell on two occasions for a total of six hours.</p><p>Brown will continue his testimony when the hearing resumes at 9 a.m. today.</p>